Saturday, February 16, 2019

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave

As per notes below rules 43AA and 43B “Child” for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

CHILD CARE LEAVE

1. Whether women employees of Public Sector undertakings/Bodies etc. are entitled to CCL?

Orders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.

2. Whether Govt. servant can be permitted to leave station/go abroad while on CCL?

Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.

3. What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?

The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL.’ The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C)

4. Whether child care leave has been extended to female industrial employees?

Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43-C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012)

Commuted Leave

1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?

Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

Study Leave Interest on Leave Encashment for CG Employees

Study Leave Interest on Leave Encashment

What is the maximum amount of study leave which can be availed?
The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. {Rule 51(1)). For CHS officers the ceiling is for 36 months for acquiring PG qualifications. {Rule 51(2)}.

Whether study leave can be clubbed with other leave?
Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)

Whether study leave can be clubbed with other leave?
Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)

What is the validity period of bond to be executed by the Government servant while proceeding on study leave?
Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).

Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?
As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

Whether leave encashment can be sanctioned to a Govt servant on his superannuation while under suspension

LEAVE ENCASHMENT ON SUSPENSION / DISMISSAL / REMOVAL

Whether leave encashment can be sanctioned to a Govt servant on his superannuation while under suspension?
Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings he/she will become eligible to the amount so withheld after adjustment of Government dues, if any.

Whether leave encashment can be sanctioned to a Govt.servant on his dismissal/removal, from service?
A government servant, who is dismissed / removed from service, ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

INTEREST ON LEAVE ENCASHMENT

Whether interest is payable on delayed payment of leave encashment dues?
No. There is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment.

ENCASHMENT OF EARNED LEAVE ON JOINING CENTRAL GOVERNMENT EMPLOYEES FROM PSUS & VICE VERSA

Encashment of EL on Joining Central Govt to PSUs

ENCASHMENT OF EARNED LEAVE ON JOINING CENTRAL GOVERNMENT FROM PSUS & VICE VERSA

Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.?
Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.

Whether Leave encashment allowed by Govt. under CCS(Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?
Encashment of EL allowed by the Govt. under the CCS (Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body / PSU for the post absorption period.

Whether cash equivalent of leave salary in case of permanent absorption in PSU / Autonomous Body is permissible?
A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo-motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D)Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment - {Note below rule 39-D - Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012}

Via: www.centralgovernmentnews.com

Whether encashment of leave is permitted after LTC is benefited for Central Govt Employees?

Whether encashment of leave is permitted after LTC is benefited for Central Govt Employees?

Leave Encashment with LTC

Whether encashment of leave is allowed after LTC is availed?
Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.

Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?
Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied.

Whether leave encashment should be revised on retrospective revision of pay/D.A?
In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.

Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?
The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006.{0M No. 12012/3/2009- Estt.(L) dated 28-12-2012}

Via: centralgovernmentnews.com

What is the most extreme time of leave granted to a Central Government Employee?

What is the most extreme time of leave granted to a CG Employee?

Frequently Asked Question

1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))

2. What are the leave entitlements of Govt. servants serving in a vacation Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department.

The said rule provides for as follows:-

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation:
Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.

For the purpose of this rule, the term 'year' shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.

A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation:

Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.
When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Via: Central Government News.Com

Induction of Female employees in Railways and other Central Government departments

Induction of Female employees in Railways and other Central Government departments

NFIR

No. II/1/2019
Dated: 29.01.2019
To,
The Chairman,
Railway Board,
New Delhi

Dear Sir,
Sub: Induction of Female employees in Railways and other Central Government departments - reg.

The provisions of the Constitution of India, ensured "Right to Equality'' to any person for employment opportunity in Government as well other than Government Institutions. Articles 14, 15 & 16 of the Constitution have enshrined the "Right to Equality'' to all the persons irrespective of religion, race, caste, sex or place of birth. Equality of opportunity in the matters of emplo5rment has been provided under Article 16 of the Constitution for all citizens to employment or appointment to any office under the state.

In the above context, NFIR brings to the kind notice of the Railway Board (CRB) that on Railways female candidates are recruited through RRCs/RRBs/Compassionate appointment etc., to the posts of Track Maintainer, Junior Engineer, ESM Gr-I, Station Master, Assistant Pointsman, Helper, Technicians etc., in the Technical, Operating and other Departments. Certain jobs mainly Track Maintainer are arduous and hazardous as the staff are expected to work under open sky facing inclement weather conditions at remote places, jungle areas, where minimum basic necessities of life do not exist. The female Track Maintainers are facing these hardships in the course of performing their duties.

Vide PNM Agenda Item No. 23/015 at Railway Board's level, the NFIR demanded that the female Track Maintainers may be permitted to seek transfer to other Departments on completion of two or three years service. However, this issue is still pending.

Pursuant to the efforts of NFIR and discussions during PNM meetings, the Railway Ministry vide letter No. E(NG)III/2018/RR-I/13 dated 20/09/2018 (linked with Board's letter No. E(NG)I-99/CFP/23 (Vol. II) dated 14/1/2013 permitted Track Maintainers to seek change to other Cadres/Departments against 10% as well 40% vacancies, but sadly the instructions dated 14th November, 2013 are yet to be implemented by Zonal Railways due to non-availability of replacement as a result of no recruitment since the last over three years. Consequently, Track Maintainers (Male & Female) are put to sever hardships, while they have been bitterly complaining against non-compliance of Railway Board's instructions.

The light of the above facts, NFIR expects the Railway Ministry to give special consideration to Track Maintainers for the purpose of pursuing their career growth through lateral induction/transfer to other Departments. NFIR vide PNM Agenda Item No. 2312015 had also suggested that the recruitment from Open Market be made to the post of 1800 Grade Pay/Pay Level-l instead designation-wise recruitment thereby the 1st appointment of such recruitees shall be against the post of Track Maintainer and for filling minimum, in pay Level-l in other Departments the Track Maintainers can be drawn on option basis, thereby within a period of 5 to 7 years, they may get shifted to other cadres. It seems Railway Board have not yet considered this constructive proposal of NFIR.

NFIR hopes that the rights provided through "Constitution" for employment of female candidates shall be protected and implemented by the Railway Ministry without dilution/deviation and at the same time Federation urges upon the Railway Board to consider NFIR's demand (PNM Item No. 23/2015) relating to granting appropriate relief to female Track Maintainers working in the Railways.
NFIR also insists upon the Railway Board to continue the extant policy of recruitment of male and female candidates without discrimination, otherwise many complications may arise including that of public agitations and litigations. A line in reply is solicited.
Yours faithfully
(Dr. M.Raghavaiah)
General Secretary
Source: NFIR

Constitution of a Committee in the Department of Posts to identify GDS posts suitable for benchmark feasibility prescribed in Rights of Persons with Disabilities Act, 2016

Constitution of a Committee in the Department of Posts to identify GDS posts suitable for benchmark feasibility prescribed in Rights of Persons with Disabilities Act, 2016

FILE No.17-08/2017-GDS
Government of India
Minrstry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001,
Dated: 13.02.2019
OFFICE MEMORANDUM

Subject:- Constitution of a Committee in the Department of Posts to identify GDS posts suitable for benchmark feasibility prescribed in Rights of Persons with Disabilities Act, 2016.

This is in connection with Department of Empowerment of Persons with Disabilities (Divyangjan) (DEPwDs) O.M. No. No.34-16/2018-DD.III dared 12-12-2018 regarding constitution of a Committee in a1l the Ministries / Departments to identify the posts suitable for benchmark disabilities in pursuance of the provisions made in the Rights of Persons with Disabilities Act, 2016 (RPwDs Act, 2016). It has, therefore, been decided to constitute the Committee in Department of Posts for GDS Posts is as under:-

(i) Shri Satya Narayana Dash, Director (SPN) - Chairman
(ii) Shri.R.Rahul Joseph, Director (Estt) - Member
(iii) Shri D.K.Panda, Under Secretary (DD.III)
(Contact Numbers: 9968275870, 24369059),
Representative of Department of Empowerment for Persons with Disabilities - Member
(iv) Shri Pawan Kumar, SSP Delhi - Member
(Contact Numbers: 9555090425, 24671592)
(v) Shri.S.B.Vyavahare, ADG(GDS/PCC) - Convener
sd/-
(S.B.Viavihare)
Asstt. Director General(GDS/PCC)

PMAY (U) Mobile App to Allow Beneficiaries to Capture & Upload Photographs of Completed Houses

PMAY (U) Mobile App to Allow Beneficiaries to Capture & Upload Photographs of Completed Houses 

Ministry of Housing & Urban Affairs

Mobile App to Allow Beneficiaries to Capture & Upload Photographs of Completed Houses
Uploading of Selfies of Beneficiaries with their Houses also Made Operational
Hardeep Puri Launches PMAY (U) Mobile Application
Posted On: 14 FEB 2019

Shri Hardeep S Puri,Minister of State (I/C) for Housing and Urban Affairs has stated that the PMAY (U) Mobile App will allow beneficiaries to capture and upload high resolution photographs of completed houses along with their families. The App will also allow uploading of selfies of beneficiaries with their house and a 30 - 60 seconds video clip where beneficiaries share their stories of owning a house under PMAY (U). These stories would be an emotional recount of experiences such as increased self-esteem, sense of pride and dignity, improved social status, safety and security for the family, protected environment for the girl child, children’s education among others. He was speaking at the launch of the PMAY(U) Mobile App here today. A one-minute film showcasing the impact of PMAY(U) in the lives of beneficiaries was also released on the occasion. Shri DurgaShanker Mishra, Secretary, MoHUA and Shri Amrit Abihijat, Joint Secretary and Mission Director, Housing for All were also present during the event.

Shri Hardeep S.Puri emphasized that the mission intends to create a closer interface with its beneficiaries. Hence a mobile application has been developed to bring beneficiaries directly in contact with the mission.The application would allow beneficiaries of PMAY (U) to capture and upload photos and videos of completed houses along with testimonies.These photos and videos of beneficiary testimonies will be scrutinized at State as well as at Central level. The selected beneficiaries from States/UTs would be awarded and invited as special guest for anniversary celebration of PMAY (U)

The one-minute film showcases the impact of PMAY (U) on the lives of beneficiaries from across the country. It narrates the stories of happy families experiencing a transformation of owning a house with all basic amenities which include water, electricity, kitchen with gas connection and toilet. The film narrates, how PMAY (U) is contributing in transforming the lives of all Indians starting from Kashmir to Kerala and empowering them from different walks of life. It has encapsulated the journeys and emotions of families belonging to different regions of the country who feel connected with a common feeling i.e. the pride of owning their dream house through PMAY (U).

The PMAY (U) mission was launched on 25th June 2015 with the aim to provide houses to every eligible urban household in India by the year 2022. The scheme has achieved a significant milestone of approving more than 73 lakh houses against a validated demand for about one crore houses in urban areas. Around 40 Lakh houses are at various stages of construction and more than 15 lakh houses have already been completed. Further around 12 lakh houses are being constructed using new and emerging technologies.

PIB

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